Dennis v. State

SAM ROBERTSON, Justice.

This appeal arises from a conviction for felony theft with one prior felony conviction. The sentence imposed was twelve *817years. For reasons stated below, we reverse and dismiss the indictment.

Appellant was indicted for theft under Tex.Penal Code Ann. art. § 31.03(a), (b)(1), (b)(2), (Vernon Supp. 1980-1981). In separate paragraphs, the indictment charges first that he did “intentionally and knowingly appropriate and maintain control of property .. . without the effective consent of the owner '... and with intent to deprive the said owner of said property.” Secondly, the…